PUBLIC LAW 109–68—SEPT. 21, 2005 119 STAT. 2003

Public Law 109–68

109th Congress

An Act

To provide assistance to families affected by Hurricane Katrina, through the program

of block grants to States for temporary assistance for needy families.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘TANF Emergency Response

and Recovery Act of 2005’’.

SEC. 2. ADVANCE PAYMENT OF TANF BLOCK GRANTS FOR THE FIRST

QUARTER OF FISCAL YEAR 2006.

(a) IN GENERAL.—Notwithstanding section 405 of the Social

Security Act, the Secretary of Health and Human Services shall

pay each grant payable under section 403 of such Act for the

first quarter of fiscal year 2006, as soon as practicable after the

date of the enactment of this Act.

(b) EXTENSION OF THE TEMPORARY ASSISTANCE FOR NEEDY

FAMILIES BLOCK GRANT PROGRAM THROUGH DECEMBER 31, 2005.—

(1) IN GENERAL.—Activities authorized by part A of title

IV of the Social Security Act, and by section 1108(b) of such

Act, shall continue through December 31, 2005, in the manner

authorized for fiscal year 2005, and out of any money in the

Treasury of the United States not otherwise appropriated, there

are hereby appropriated such sums as may be necessary for

such purpose. Grants and payments may be made pursuant

to this authority through the first quarter of fiscal year 2006

at the level provided for such activities through the first quarter

of fiscal year 2005.

(2) CONFORMING AMENDMENTS.—

(A) SUPPLEMENTAL GRANTS FOR POPULATION INCREASES

IN CERTAIN STATES.—Section 403(a)(3)(H)(ii) of the Social

Security Act (42 U.S.C. 603(a)(3)(H)(ii)) is amended by

striking ‘‘September 30’’ and inserting ‘‘December 31’’.

(B) CONTINGENCY FUND.—Section 403(b)(3)(C)(ii) of

such Act (42 U.S.C. 603(b)(3)(C)(ii)) is amended by striking

‘‘2005’’ and inserting ‘‘2006’’.

(C) MAINTENANCE OF EFFORT.—Section 409(a)(7) of

such Act (42 U.S.C. 609(a)(7)) is amended—

(i) in subparagraph (A), by striking ‘‘or 2006’’ and

inserting ‘‘2006, or 2007’’; and

(ii) in subparagraph (B)(ii), by striking ‘‘2005’’ and

inserting ‘‘2006’’.

(c) EXTENSION OF THE NATIONAL RANDOM SAMPLE STUDY OF

CHILD WELFARE AND CHILD WELFARE WAIVER AUTHORITY THROUGH

42 USC 1305

note.

TANF

Emergency

Response and

Recovery Act of

2005.

Sept. 21, 2005

[H.R. 3672]

119 STAT. 2004 PUBLIC LAW 109–68—SEPT. 21, 2005

DECEMBER 31, 2005.—Activities authorized by sections 429A and

1130(a) of the Social Security Act shall continue through December

31, 2005, in the manner authorized for fiscal year 2005, and out

of any money in the Treasury of the United States not otherwise

appropriated, there are hereby appropriated such sums as may

be necessary for such purpose. Grants and payments may be made

pursuant to this authority through the first quarter of fiscal year

2006 at the level provided for such activities through the first

quarter of fiscal year 2005.

SEC. 3. REIMBURSEMENT OF STATES FOR TANF BENEFITS PROVIDED

TO ASSIST FAMILIES FROM OTHER STATES AFFECTED

BY HURRICANE KATRINA.

(a) ELIGIBILITY FOR PAYMENTS FROM THE CONTINGENCY

FUND.—Beginning with the date of the enactment of this Act and

ending with August 31, 2006, a State shall be considered a needy

State for purposes of section 403(b) of the Social Security Act

if—

(1) cash benefits under the State program funded under

part A of title IV of the Social Security Act have been provided

on a short-term, nonrecurring basis, to a family which—

(A) has resided in another State that includes an area

for which a major disaster has been declared under the

Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) as a result of Hurricane

Katrina; and

(B) has travelled (not necessarily directly) to the State

from such other State as a result of the hurricane; and

(2) the State has determined that the family is not receiving

cash benefits from any program funded under such part of

any other State.

(b) LIMITATION ON FUNDING.—Subject to section 403(b)(3)(C)(i)

of the Social Security Act, the total amount paid under section

403(b)(3)(A) of such Act to a State which is a needy State for

purposes of section 403(b) of such Act by reason of subsection

(a) of this section shall not exceed the total amount of cash benefits

provided as described in subsection (a)(1) of this section, to the

extent that the condition of subsection (a)(2) of this section has

been met with respect to the families involved.

(c) NO STATE MATCH REQUIRED.—Sections 403(b)(6) and

409(a)(10) of the Social Security Act shall not apply with respect

to a payment made to a State by reason of this section.

SEC. 4. AVAILABILITY OF ADDITIONAL TANF FUNDS FOR HURRICANEDAMAGED STATES.

(a) CERTAIN STATES MADE ELIGIBLE FOR LOANS.—Beginning

with the date of the enactment of this Act and ending with the

end of fiscal year 2006:

(1) The States of Louisiana, Mississippi, and Alabama shall

be considered loan-eligible States for purposes of section 406

of the Social Security Act.

(2) Notwithstanding section 406(d) of the Social Security

Act, the cumulative dollar amount of all loans made to such

a State under such section by reason of this section shall

not exceed 20 percent of the State family assistance grant

payable to the State under section 403 of such Act for fiscal

year 2006.

Effective date.

Termination

date.

Effective date.

Termination

date.

PUBLIC LAW 109–68—SEPT. 21, 2005 119 STAT. 2005

(b) FORGIVENESS OF LOANS.—Notwithstanding section 406 of

the Social Security Act, a penalty may not be imposed against

any of the States of Louisiana, Mississippi, or Alabama for failure

to—

(1) repay a loan made to the State under such section

on or after the date of the enactment of this Act and before

October 1, 2007; or

(2) make any interest payment on such a loan.

SEC. 5. AVAILABILITY OF UNSPENT TANF FUNDS TO PROVIDE BENEFITS AND SERVICES TO SUPPORT NEEDY FAMILIES

AFFECTED BY HURRICANE KATRINA.

A State or tribe may use a grant made to the State or tribe

under part A of title IV of the Social Security Act for any fiscal

year to provide, without fiscal year limitation, any benefit or service

that may be provided under the State or tribal program funded

under such part to support needy families affected by Hurricane

Katrina.

SEC. 6. WORK REQUIREMENTS AND TIME LIMITS UNDER TANF PROGRAM NOT TRIGGERED BY RECEIPT OF TEMPORARY

TANF BENEFITS BY FAMILIES AFFECTED BY HURRICANE

KATRINA.

Benefits provided on a short-term, nonrecurring basis under

a State program funded under part A of title IV of the Social

Security Act, during the period that begins with the date of the

enactment of this Act and ends with the end of fiscal year 2006,

to meet a subsistence need of a family resulting from Hurricane

Katrina shall not be considered assistance for purposes of sections

407 and 408(a)(7) of the Social Security Act.

SEC. 7. WAIVER OF TANF PENALTIES IN HURRICANE-DAMAGED

STATES.

The Secretary of Health and Human Services shall not impose

a penalty on any of the States of Louisiana, Mississippi, or Alabama

under any of paragraphs (2) through (6), or (8) through (14) of

section 409(a) of the Social Security Act with respect to a failure

to comply with a provision of part A of title IV of such Act during

the period that begins with the date of the enactment of this

Act and ends with the end of fiscal year 2006, if the Secretary

determines that the failure resulted from Hurricane Katrina or

reasonable conduct of the State in addressing needs of victims

of Hurricane Katrina.

119 STAT. 2006 PUBLIC LAW 109–68—SEPT. 21, 2005

LEGISLATIVE HISTORY—H.R. 3672:

CONGRESSIONAL RECORD, Vol. 151 (2005):

Sept. 8, considered and passed House.

Sept. 15, considered and passed Senate.

Æ

SEC. 8. EMERGENCY DESIGNATION.

Each amount provided in this Act (other than in section 2)

is designated as an emergency requirement pursuant to section

402 of H. Con. Res. 95 (109th Congress).

Approved September 21, 2005.